You may have read our Hot Topic article last Monday discussing the recent decision of the U.S. Court of Appeals for the District of Columbia invalidating the National Labor Relations Board’s rule requiring employers to post notices of workers’ rights under the National Labor Relations Act (NLRA). D.C. Cir. 2013). While this decision and other pending legal challenges make it appear increasingly likely that the poster requirement will not be upheld in its current form, this good news does not extend to federal contractors and subcontractors.
Federal contractors and subcontractors covered by Executive Order 13496 are still required by that order to post a notice to employees advising them of their right under the NLRA to organize and bargain collectively and to engage in other protected concerted activity. This requirement was not affected by the D.C. Circuit’s decision.